Herman Wallace has been locked up for 42 years in solitary confinement.
Federal Judge Brian Jackson ordered on Tuesday that Wallace be immediately released, but he is still in imprisoned at the Hunt Correctional Center in St. Gabriel, La.
Wallace, a former member of the Black Panthers, is now 71 years old and dying from lung cancer, but state authorities refuse to release him, notes The Guardian (video below).
"I have the utmost respect for Judge Jackson. We respectfully disagree with his decision," Baton Rouge District Attorney Hillar Moore told The Times-Picayune.
Moore filed an appeal with the 5th Circuit Court to challenge Judge Jackson's court order, and that's why the Louisiana Department of Corrections is choosing not to release Wallace.
Wallace was a member of the so-called “Angola Three” who were sent to jail in 1971 following a conviction for armed robbery.
He was convicted in 1974 for killing prison guard Brent Miller in the Angola jail in 1972, but always claimed he was innocent.
“No ruling can erase the cruel, inhuman and degrading prison conditions he endured for more than 41 years, confined to a tiny cell for 23 hours a day," said Amnesty International USA executive director Steven Hawkins in a statement.
Wallace’s lung cancer was diagnosed in June after being too advanced to treat. Wallace claims he was not given proper medical care during his years of solitary confinement.